- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 70. Interstate Compact On the Placement of Children
- Section 10. Compact Enacted.
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. Interstate Compact On the Placement of Children
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AS 47.70.010. Compact Enacted.
The Interstate Compact on the Placement of Children as contained in this section is enacted into law and entered into
on behalf of the state with any and all other states legally joining in it in a form substantially as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN.
Article I. Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children
to the end that:
- (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with
persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree
and type of care.
- (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the
circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the
protection of the child.
- (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the
basis of which to evaluate a projected placement before it is made.
- (d) Appropriate jurisdictional arrangements for the care of children will be promoted.
Article II. Definitions
As used in this compact:
- (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
- (b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or
employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which
sends, brings, or causes to be sent or brought any child to another party state.
- (c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by
public authorities or private persons or agencies, and whether for placement with state or local public authorities or
for placement with private agencies or persons.
- (d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring
agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic
or any institution primarily educational in character, and any hospital or other medical facility.
Article III. Conditions for Placement
- (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement
in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every
requirement set forth in this article and with the applicable laws of the receiving state governing the placement of
- (b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster
care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in
the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The
notice shall contain:
- (1) The name, date and place of birth of the child.
- (2) The identity and address or addresses of the parents or legal guardian.
- (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring,
or place the child.
- (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement
is proposed to be made.
- (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this
article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's
state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary
under the circumstances to carry out the purpose and policy of this compact.
- (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate
public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed
placement does not appear to be contrary to the interests of the child.
Article IV. Penalty for Illegal Placement
The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms
of this compact shall constitute a violation of the laws respecting the placement of children of both the state in
which the sending agency is located or from which it sends or brings the child and of the receiving state. Such
violations may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to
liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the
suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers
or allows it to place, or care for children.
Article V. Retention of Jurisdiction
- (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the
custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in
the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with
the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to
effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending
agency shall continue to have financial responsibility for support and maintenance of the child during the period of
the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal
with an act of delinquency or crime committed therein.
- (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency
in the receiving state providing for the performance of one or more services in respect of such case by the latter as
agent for the sending agency.
- (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in that state for a private charitable agency of the
sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the
support and maintenance of a child who has been placed on behalf of the sending agency without relieving the
responsibility set forth in paragraph (a) hereof.
Article VI. Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact
but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with
opportunity to be heard, before the child is sent to such other party jurisdiction for institutional care and the court
- (1) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
- (2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
Article VII. Compact Administrator
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general
coordinator of activities under this compact in the officer's jurisdiction and who, acting jointly with like officers
of other party jurisdictions, shall have power to adopt regulations to carry out more effectively the terms and
provisions of this compact.
Article VIII. Limitations
This compact does not apply to
- (a) The sending or bringing of a child into a receiving state by the child's parent, step-parent, grandparent, adult
brother or sister, adult uncle or aunt, or guardian and leaving the child with any such relative or non-agency guardian
in the receiving state.
- (b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which
both the state from which the child is sent or brought and the receiving state are party, or to any other agreement
between said states which has the force of law.
Article IX. Enactment and Withdrawal
This compact shall be open to joinder by any state, territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province
thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same
into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take
effect until two years after the effective date of such statute and until written notice of the withdrawal has been
given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not
affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement
made prior to the effective date of withdrawal.
Article X. Construction and Severability
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary
to the constitution of any party state or of the United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to
any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all severable matters.
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